esther oguh | University of Hull (original) (raw)
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University of the West Indies- Cave Hill (Barbados)
Università degli Studi di Firenze (University of Florence)
Centre National de la Recherche Scientifique / French National Centre for Scientific Research
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However, in spite of the growing significance of FET in investment arbitration, the meaning of FE... more However, in spite of the growing significance of FET in investment arbitration, the meaning of FET standard is yet to be clarified. The purpose of this essay is to discuss in details, the concept of fair and equitable treatment and also examine the existing relationship it has with any other standard of investment protection in international law. To start off, the first part of this essay would be on a general overview of the concept of fair and equitable treatment and the diverse ways BITs draft the FET clause. The second part of this essay would examine the elements of fair and equitable treatment with reference to relevant arbitral awards. In the third part, the connection between fair and equitable and other standards of protection especially international minimum standard and full protection and security, would be discussed. The essay would proceed to further discuss here, if this connection has any significance on how investment dispute is settled. The fourth part concludes the essay.
However, in spite of the growing significance of FET in investment arbitration, the meaning of FE... more However, in spite of the growing significance of FET in investment arbitration, the meaning of FET standard is yet to be clarified. The purpose of this essay is to discuss in details, the concept of fair and equitable treatment and also examine the existing relationship it has with any other standard of investment protection in international law. To start off, the first part of this essay would be on a general overview of the concept of fair and equitable treatment and the diverse ways BITs draft the FET clause. The second part of this essay would examine the elements of fair and equitable treatment with reference to relevant arbitral awards. In the third part, the connection between fair and equitable and other standards of protection especially international minimum standard and full protection and security, would be discussed. The essay would proceed to further discuss here, if this connection has any significance on how investment dispute is settled. The fourth part concludes the essay.